Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
Death of a natural-person resolution applicant after committee of creditors approval does not automatically render a resolution plan unimplementable or permit liquidation. A resolution applicant acts as a promisor, not an office-holder with non-heritable obligations, and liquidation remains confined to specified statutory contingencies. The resolution request and plan terms should govern continuation; if silent, inherent powers may require the committee of creditors to examine implementation by an eligible, competent and willing heir or reconsider earlier plans before forced liquidation. A pending CIRP withdrawal application based on settlement with the sole committee member must be considered and cannot be denied merely because liquidation was ordered. Liquidation was set aside, CIRP revived, and the withdrawal application directed for consideration.
Death of a natural-person resolution applicant after committee of creditors approval does not automatically render a resolution plan unimplementable or permit liquidation. A resolution applicant acts as a promisor, not an office-holder with non-heritable obligations, and liquidation remains confined to specified statutory contingencies. The resolution request and plan terms should govern continuation; if silent, inherent powers may require the committee of creditors to examine implementation by an eligible, competent and willing heir or reconsider earlier plans before forced liquidation. A pending CIRP withdrawal application based on settlement with the sole committee member must be considered and cannot be denied merely because liquidation was ordered. Liquidation was set aside, CIRP revived, and the withdrawal application directed for consideration.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
